NORHAIRUZY BIN AHMAD

NORHAIRUZY BIN AHMAD

The court found prosecution evidence (independent eyewitness, investigating officer report, vehicle inspection reports, photographs, and post‑mortem) consistent and sufficiently reliable to establish beyond reasonable doubt that accused entered opposing lane negligently/recklessly, caused collision and death; accused convicted under s.41(1) Road Transport Act 1987 and, applying discretionary sentencing principles including s.294 CPC and mitigating factors, was released on bond with conditions and driving licence suspension.

Citation
KH-83-39-06/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Norhairuzy bin Ahmad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 July 2025
Case Number
KH-83-39-06/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Driving Causing Death (s.41(1) Road Transport Act 1987) / Conviction and Sentencing (end of Trial; Accused Convicted and Sentenced)
Outcome
Accused convicted under Section 41(1) Akta Pengangkutan Jalan 1987; released on bond under s.294 Kanun Tatacara Jenayah with endorsement of conviction and driving licence suspension.
Legal Topics
Dangerous Driving Causing Death, Prima Facie Case, Causation in Traffic Collisions, Probation/bond Under S.294 CPC, Sentencing Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Sentencing Law Dangerous Driving Causing Death Prima Facie Case Causation in Traffic Collisions Probation/bond Under S.294 CPC +1 more

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Parties

Pendakwa Raya

Prosecution

Norhairuzy bin Ahmad

Accused

Procedural Posture

Criminal Dangerous Driving Causing Death (s.41(1) Road Transport Act 1987) / Conviction and Sentencing (end of Trial; Accused Convicted and Sentenced)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.180 KTJ
  2. 2 Whether elements of s.41(1) Road Transport Act 1987 were established (driver, use of road, dangerous driving, causation of death)
  3. 3 Whether defence raised reasonable doubt sufficient for acquittal

Ratio Decidendi

The court found prosecution evidence (independent eyewitness, investigating officer report, vehicle inspection reports, photographs, and post‑mortem) consistent and sufficiently reliable to establish beyond reasonable doubt that accused entered opposing lane negligently/recklessly, caused collision and death; accused convicted under s.41(1) Road Transport Act 1987 and, applying discretionary sentencing principles including s.294 CPC and mitigating factors, was released on bond with conditions and driving licence suspension.

Court Disposition

Accused convicted under Section 41(1) Akta Pengangkutan Jalan 1987; released on bond under s.294 Kanun Tatacara Jenayah with endorsement of conviction and driving licence suspension.

Orders

  • Accused released on bond of RM4,000 for a period of 2 years under s.294 Kanun Tatacara Jenayah
  • Conviction endorsed/recorded